R&C’s nation-wide Commercial Lending practice represents lenders and borrowers across a wide range of commercial and large scale residential financing transactions and excels in structuring debt transactions to accomplish the varied needs of our lender and borrower clients alike. Firm attorneys assist clients to overcome regulatory obstacles, structure real estate-secured loans and non-typical collateralized financings, and have deep experience with specialized lending product such as FHA-insured and Federal Home Loan Bank transactions. R&C’s lender clients include a range of large commercial financial institutions, other institutional lenders, small community banks, as well as housing authorities, redevelopment agencies, community development financial institutions, and public private partnership ("P3") entities who must structure their lending transactions to reflect responsible stewardship of public funds and related regulatory requirements.
The Commercial Lending practice represents private commercial lending institutions and non-traditional lenders such as the Housing Assistance Council, which has has been lending money to organizations that build affordable homes and create jobs in rural America for 40 years, or public agencies who lend to public-private development efforts. R&C attorneys represent both lenders and borrowers so that Firm clients have the benefit of working with attorneys with well-honed skills earned by documenting hundreds of loan transactions from both perspectives. R&C attorneys work with clients to respond to lender due diligence requirements, prepare loan agreements, structure loan transactions and perfect security interests, craft inter-creditor arrangements, negotiate priorities among multiple lenders, navigate environmental concerns, and to agree on work-out arrangements for non-performing loans.
R&C’s Commercial Lending practice has developed into a powerhouse because of the diversity of clients the Firm represents and the expertise our commercial lending practice draws from the Firm’s complimentary practice areas. Firm attorneys have extensive experience in representing lenders and borrowers in transactions that use federal New Markets Tax Credits, federal and state low income housing tax credits, federal and state historic tax credits, and other federal and state tax credits or tax incentive programs. R&C attorneys are experienced with unsecured and secured predevelopment loan products, construction and bridge financing, as well as permanent loan documentation. In addition to its comfort with transactions involving tax-incentivized development, most R&C transactions include multiple lenders and, therefore, Firm attorneys are allocating and working through the interests of a number of lenders through inter-creditor agreements, loan modification documentation, forbearance agreements, debtor in possession agreements, and close out and liquidation agreements. As the layering of financing has become more common in public-private partnerships, when representing public lenders R&C attorneys have helped lead the way in applying private sector solutions to public agency challenges, including the use of annual public housing capital fund allocations to support long-term bond financing, taking advantage of increased regulatory flexibility to utilize tax credits, and addressing the regulatory issues necessary to combine these sources with traditional federal, state and local funding.